Page:United States Statutes at Large Volume 102 Part 1.djvu/150

 102 STAT. 112

PUBLIC LAW 100-294—APR. 25, 1988 threatening conditions), procedures or programs, or both (within the State child protective services system), to provide for— "(A) coordination and consultation with individuals designated by and within appropriate health-care facilities; "(B) prompt notification by individuals designated by and within appropriate health-care facilities of cases of suspected medical neglect (including instances of withholding of medically indicated treatment from disabled infants with life-threatening conditions); and "(C) authority, under State law, for the State child protective service system to pursue any legal remedies, including the authority to initiate legal proceedings in a court of competent jurisdiction, as may be necessary to prevent the withholding of medically indicated treatment from disabled infants with life-threatening conditions. "(c) WAIVERS.— "(1) GENERAL RULE.—Subject to paragraph (3) of this subsec-

Effective date.

tion, any State which does not qualify for assistance under this subsection may be granted a waiver of any requirement under paragraph (2) of this subsection— "(A) for a period of not more than one year, if the Secretary makes a finding that such State is making a good faith effort to comply with any such requirement, and for a second one-year period if the Secretary makes a finding that such State is making substantial progress to achieve such compliance; or "(B) for a nonrenewable period of not more than two years in the case of a State the legislature of which meets only biennially, if the Secretary makes a finding that such State is making a good faith effort to comply with such requirement. "(2) EXTENSION.—(A) Subject to paragraph (3) of this subsection, any State whose waiver under paragraph (1) expired as of the end of fiscal year 1986 may be granted an extension of such waiver, if the Secretary makes a finding that such State is making a good faith effort to comply with the requirements under subsection (b) of this section— "(i) through the end of fiscal year 1988; or "(ii) in the case of a State the legislature of which meets biennially, through the end of the fiscal year 1989 or the end of the next regularly scheduled session of such legislature, whichever is earlier. "(B) This provision shall be effective retroactively to October 1, 1986. "(3) REQUIREMENTS UNDER SUBSECTION (b)(iO).—No waiver under paragraph (1) or (2) may apply to any requirement under subsection (b)(10) of this section. "(d) REDUCTION OF FUNDS IN CASE OF FAILURE TO OBLIGATE.—If a

State fails to obligate funds awarded under subsection (a) before the expiration of the 18-month period beginning on the date of such award, the next award made to such State under this section after the expiration of such period shall be reduced by an amount equal of the amount of such unobligated funds unless the Secretary determines that extraordinary reasons justify the failure to so obligate. "(e) RESTRICTIONS RELATING TO CHILD WELFARE SERVICES.—Pro-

grams or projects relating to child abuse and neglect assisted under part B of title IV of the Social Security Act shall comply with the

�